Boston, MA Building Safety: Green Building Code (2026)
Key Facts
- Covered building size
- 20,000+ sq ft or 15+ units
- Reporting deadline
- May 15 annually (prior year data)
- Emissions standard target
- Net-zero by 2050
- Small-tier standard start
- 2030 emissions, due 2031
- Non-reporting fine (large bldgs)
- $300/day
- Emissions-standard fine (large bldgs)
- $1,000/day
- Enforcing agency
- Air Pollution Control Commission
Summary
Boston's Building Emissions Reduction and Disclosure Ordinance (BERDO) forces large buildings to report energy and water use annually and hit falling CO2e emissions caps, reaching net-zero by 2050. Non-compliance draws daily fines up to $1,000 per building enforced by the Air Pollution Control Commission.
Each building subject to the reporting requirements of this Subsection shall comply with the CO2e emissions standards set forth in Table 1 below... Buildings equal to or greater than 20,000 square or 15 units but less than 35,000 square feet or 35 units shall not be subject to the emissions standards until 2031, reporting for 2030 emissions... Each day that a building owner is out of compliance with the reporting requirement of this Subsection, in whole or in part, shall be deemed a separate violation of this Subsection and subject to a fine of: Three hundred dollars a day for: Non-residential buildings equal to or greater than 35,000 gross square feet... One hundred fifty dollars a day for: Non-residential buildings equal to or greater than 20,000 gross square feet but less than 35,000 gross square feet.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-2: Current through Ordinance 2025 C. 14, passed 11-5-2025).
Full Breakdown
2 covers non-residential buildings at or above 20,000 gross square feet (50%+ non-residential use) and residential buildings with 15+ units or 20,000+ square feet, plus city-owned buildings. Owners must report energy and water use to the Commission through ENERGY STAR Portfolio Manager by May 15 each year for the prior calendar year; reporting phase-in deadlines already passed for the largest buildings (35,000+ sq ft nonresidential/35+ unit residential: May 15, 2016/2017) while 20,000-35,000 sq ft or 15-35 unit buildings had to begin by May 15, 2022.
2(I) requires every covered building to meet the CO2e emissions standards in Table 1, measured annually in metric tons CO2e per square foot; smaller buildings (20,000 sq ft/15 units up to 35,000 sq ft/35 units) are exempt from the emissions standard until reporting year 2030 (compliance due 2031). 2(E)(1)(a)(3)-(4). Data must be self-certified yearly, with third-party verification required in the building's first reporting year after enactment and then every five years starting 2026. Fines and alternative compliance payments feed the Equitable Emissions Investment Fund, administered by the City Auditor with Review Board oversight, which must prioritize spending in Environmental Justice Populations.
The Air Pollution Control Commission, sitting under the Health and Hospitals Department, enforces the ordinance and can pursue injunctive relief against non-residential owners (not residential tenants) who ignore a notice of violation.
Violations & Fines
Each day a building is out of compliance with reporting is a separate violation: $300/day for non-residential buildings at or above 35,000 sq ft (or 100,000+ sq ft in aggregate) and residential buildings at or above 35 units/35,000 sq ft; $150/day for the 20,000-35,000 sq ft / 15-35 unit tier. Failing the emissions standard itself carries $1,000/day (larger tier) or $300/day (smaller tier). A verified reporting discrepancy draws a separate $1,000-$5,000 fine. No penalty attaches until 30 days after a written notice of violation, and it is waived if the owner corrects within that window; unpaid fines after 30 days can become a lien or tax-bill assessment under M.G.L. c. 40U § 12.
Frequently Asked Questions
What size Boston buildings must comply with BERDO?
When are BERDO annual reports due?
What happens if a Boston building misses its emissions standard?
Can a Boston building owner get more time to meet emissions standards?
Sources & Official References
Other rules in Boston
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